Copyright and Fair Use

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Copyright: a Federal regulation, part of the U.S. Constitution, Article 1, Section 8

  • Congress is allowed to pass laws “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right in their respective writings and discoveries.”
  • Allows congress to adopt both copyright laws (creative expression) and patent laws (inventions)
  • Creates a financial incentive for authors / inventors to continue to contribute and create new works
  • Requires that the rights expire

What are your rights? An owner of a copyright can:

  1. Reproduce the copyrighted work in copies;
  2. Prepare derivative works based upon the copyrighted work;
  3. Distribute copies of the copyrighted work;
  4. Perform the copyrighted work publicly;
  5. Display the copyrighted work publicly; and
  6. Perform the copyrighted work publicly by means of a digital audio transmission.

A Framework for Analyzing a Copyright Use (Answer these five questions in order):

  1. Is the work protected by copyright?
  2. Is there a specific exception in the law that covers my use?
  3. Is there a license that covers my use?
  4. Is my use covered by fair use?
  5. Do I need permission from the copyright owner?

Q1: Is the work protected by copyright?

  • But I wrote it….
    • Publisher rights
    • Work for hire
    • Students have rights, too…
  • Public domain

Q2: Is there a specific exception in the law that covers my use?

  • Classroom use exemption, must be:
    • In a classroom (not anywhere else in the school)
    • In person, engaged in face-to-face instruction (not online or via distance)
    • At a non-profit educational institution (not at a for-profit)
    • Using a legitimately, legally-acquired copy
    • Performed or displayed (not distributed, handed out)
  • TEACH Act (distance / online education)

Q3. Is there a license that covers my use?

Q4. Is my use covered by Fair Use? (Reasonable and limited use)

  • Consider these four factors (see Fair Use Checklist):
    • The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
    • The nature of the copyrighted work;
    • The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
    • The effect of the use upon the potential market for or value of the copyrighted work.

Q5. Do I need permission from the copyright owner?

  • Locate the copyright owner, explain your intended use, and request permission. (See sample letter)
    • No response or answer is no: reconsider use (is there something you can do to make it a fair use?) or choose another source.
    • Be aware of mashups: each element may require permission.
    • Pay for use: Copyright Clearance Center


*For more very excellent advice, refer to Kenneth Crews’ Copyright Advisory Office at Columbia University Libraries. Here you will find:
  • General background on copyright
  • Further, detailed explanation of Fair Use
  • Advice on getting permission, including how to track down a copyright owner

Materials derived from:
“Copyright for Educators & Librarians” by Kevin Smith, M.L.S., J.D., Lisa A. Macklin, J.D.,M.L.S., Anne Gilliland, JD, MLS, at Duke University and Emory University and The University of North Carolina at Chapel Hill on Coursera.
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Creative Commons Attribution-ShareAlike 4.0 International License.

Refer to this helpful book from the library's collection:

Ref. KF 2995 .B885 2011 Copyright for Teachers & Librarians in the 21st Century by Rebecca P. Butler

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